由于民事诉讼当事人取证权利有限、欠缺程序保障,当事人调查收集证据往往陷入取证不能、举证不足的困境。为此,应当从规定当事人之间对于对方取证的协助配合义务、规定对无正当理由拒不出庭作证的证人的制裁措施、明确规定法院对当事人收集证据的保障义务等方面加以修改完善。 Due to the limited right of forensic parties and lack of procedural safeguards for litigants in litigation, the parties involved in the investigation tend to fall into the dilemma of not obtaining evidence and insufficient evidence. To this end, we should make provisions for the sanction measures of assisting witnesses who have obtained evidence for each other, stipulate the sanctions against witnesses who refuse to testify in court without justification, and clearly stipulate the court’s modification and improvement of the parties’ obligation of safeguarding the evidence collected by the parties.